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A two-judge bench of the Supreme Court has confirmed the finding of the Intellectual Property Appellate Board (IPAB) and the Indian Patent office and rejected the patent application filed by Novartis for Glivec in 1998.

Novartis AG v Union of India, Supreme Court of India

A two-judge bench of the Supreme Court has confirmed the finding of the Intellectual Property Appellate Board (IPAB) and the Indian Patent office and rejected the patent application filed by Novartis for Glivec in 1998.

The main ground for appeal was under Section 3(d) of the Patents Act. Section 3(d) seeks to prevent ‘evergreening’ by refusing to grant patent for new forms of known substances. The only exception to the general rule is if the new form results in a demonstrable increased efficacy. For the application of the exception, defining the scope of “efficacy” and “known substance” is imperative.